Texas Commission of Licensing and Regulation Meeting Agenda

February 18, 2020 8:30 a.m.
Twin Towers Office Center
1106 Clayton Lane
1st Floor Public Meeting Room #125E
Austin, Texas

If you are planning to attend this meeting and need auxiliary aids, services or materials in an alternate format contact the Texas Department of Licensing and Regulation at least 5 working days before the meeting date. Phone: (512) 463-6599, FAX: (512) 475-2874, E-MAIL: open.meetings@tdlr.texas.gov , TDD/RELAY TEXAS: 1-800-relay-VV (for voice), 1-800-relay-TX (for TDD).

Watch the meeting at – https://www.youtube.com/user/TexasLicensing

Between 7:30 a.m. and the beginning of the meeting, the public will be able to view informational videos on the contested case, motions for rehearing, and public comment processes.

A. Call to Order and Invocation

B. Roll Call and Certification of Quorum

C. Moment of Silence and acknowledgement of employees recently passed away

  • Syeda Naqvi
  • Shayne Hawkins
  • Georgette Collins

PUBLIC COMMENT

D. Public Comment *Comments will be limited to no more than 3 minutes*
*Any person wishing to address the Commission should complete a Public Comment Form and submit it to the Commission Liaison*

EXECUTIVE SESSION

E. Executive Session – held in 1st Floor Commission Executive Session Meeting Room

1. Consultation with the Commission’s attorney pursuant to Section 551.071(1), Government Code wherein the Commission will receive a briefing from legal counsel concerning pending or contemplated litigation and/or settlement offers.

2. Advice from the Commission’s attorney on legal matters authorized by Section 551.071(2), Government Code.

NOTE: The Commission may adjourn into Executive Session to consider any item listed on this agenda if a matter is appropriate for Executive Session discussion.

F. Action on items discussed in Executive Session

MINUTES

G. Approval of Minutes – Meeting of December 20, 2019

TRAINING

H. Training for Commissioners on the Public Information Act

CONTESTED CASES

I. Contested Cases - consideration and possible action (heard before State Office of Administrative Hearings)

Item Case / Docket Number Respondent
1. MAS20190004778 / 452-19-5143.MAS Vicki Nguyen
2. TOW20170021041, TOW20180008022, TOW20180016579, TOW20190001307, TOW20190004916 / 452-19-1735.TOW Gareth Francis d/b/a Lightning Towing and Recovery, et al
3. COS20190010758 / 452-20-0402.COS Sac Van Le

MOTIONS FOR REHEARING

J. Motions for Rehearing The Commission may consider and take any action related to the following cases, including but not limited to, rehearing matters previously decided, modifying a prior order, or entering a new order:

Item Case / Docket Number Respondent
1. TOW20190016348

Barbara Carmona

d/b/a Rios Towing

RULES

K. Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 70, §§70.22-70.25, §70.30, §70.60, §70.70, §70.73, and §70.101, regarding the Industrialized Housing and Buildings program. The proposed amendments implement House Bill (HB) 1385 and HB 2546, 86th Legislature, Regular Session (2019) and make clean-up and clarification changes.

L. Discussion and possible action on the proposed new rules, amendments, and repeals to existing rules at 16 Texas Administrative Code (TAC), Chapter 82, regarding the Barbers program. The proposed new rules, amendments, and repeals implement necessary changes as required by the passage of House Bill (HB) 2847, 86th Legislature, Regular Session (2019). HB 2847 increases the inspection cycle for certain establishments and provides for the regulation of remote service businesses and remote services. The proposed new rules and amendments include the recommendation to lower the number of hours required to obtain a Class A Barber License from 1,500 to 1,000 and streamlines the rules to provide clarity and remove regulatory burdens.

M. Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 83, §§83.10; 83.20 - 83.23; 83.25; 83.28; 83.52; 83.70; 83.72; 83.74; 83.80; and 83.120; and new rule §83.77, regarding the Cosmetologists program. The proposed amendments and new rule implement necessary changes as required by the passage of House Bill (HB) 2847, 86th Legislature, Regular Session (2019). HB 2847 lowers the number of hours required to obtain a Cosmetology Operator License from 1,500 to 1,000 hours; clarifies the scope of work for certain licenses; increases the inspection cycle for certain establishments; and provides for the regulation of remote service businesses and remote services. The proposed amendments and new rule include recommendations to provide clarity and remove regulatory burdens.

N. Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 84, Subchapter D, §84.50; Subchapter M, §§84.500 and 84.502; and Subchapter N, §84.600, regarding the Driver Education and Safety program. The proposed amendments are necessary to implement House Bill (HB) 105 and HB 2048 which modify driver training course curriculum and clarify eligibility requirements for Parent-Taught Driver Education Course instructors. 

CRIMINAL CONVICTIONS/PENALTY MATRICES

O. Discussion and possible action to approve the Penalty Matrix for the Dyslexia Therapists Program.

P. Discussion and possible action to approve the Penalty Matrix for the Behavior Analysts Program.

WORK GROUP REPORTS

Q. Commission Work Group Reports – including update from work groups, discussion, and possible action on items discussed

  • Sunset Work Group
    • Update on activities related to TDLR’s Sunset Advisory Commission review
    • Evaluation of the type of personal information of license holders available on TDLR’s website, and possible direction to staff

STAFF REPORTS

R. Staff Reports

Briefing from agency staff on monthly activities, statistical data, personnel changes, communications and public outreach. May include discussion of the following topics:

Executive

1. Executive Office, Office of General Counsel, Human Resources Division, Office of Strategic Communications, Anti-Trafficking Unit and Office of Project and Transformation Management:

  • Introduction of the Anti-Trafficking Unit
  • Announcement of the Motor Fuel Workgroup
  • Transfer of Motorcycle and ATV Education Program
  • Strategic Plan Update and Timeline
  • Update on HB 3834 Cyber Security Awareness training
  • Update on Transformation Efforts
  • Agreed Orders, Default Orders and Cease & Desist Orders
  • Social Media Key Statistics and Update
  • Motions for Rehearing, Open Records, and Collections Report
  • Agency Reports, Statistics, and Trends
  • Outreach Efforts and Training
  • Organizational/Personnel Changes
  • Current Projects
  • Recent Accomplishments

Administrative Services and Strategic Response

2. Financial Services Division, Information Technology Division, and Strategic Response:

  • Current Projects
  • Update on implementation of the Fuel Metering and Quality program
  • Post Payment Audit
  • Appropriations
  • Agency Reports, Statistics, and Trends
  • Outreach Efforts and Training
  • Organizational/Personnel Changes
  • Recent Accomplishments

Licensing Services

3. Customer Service Division, Education & Examination Division, and Licensing Division:

  • Current Projects
  • Speaking Engagements and Training
  • Agency Reports, Statistics, and Trends
  • Organizational/Personnel Changes
  • Recent accomplishments

Regulatory Services

4. Enforcement, Field Inspections Division, and Regulatory Program Management Division:

  • Current Projects
  • Agency Reports, Statistics, and Trends
  • Outreach Efforts and Training
  • Organizational/Personnel Changes
  • Recent Accomplishments

NEXT MEETING

S. Agenda items for future Commission Meetings

T. Discussion of date, time, and location of future Commission Meetings

U. Adjournment